Arkansas Judgment Laws

This article highlights some judgment-related laws and
rules in Arkansas.
Arkansas laws are often listed as being annotated in an
official listing,
abbreviated as ANN. Laws change over time, so please
confirm any laws
described in this or any of my articles. My articles
are my opinions, and
not legal advice. I am a Judgment Broker, and am not a
lawyer. If you ever
need any legal advice or a strategy to use, please
contact a lawyer.

Arkansas Civil Code Ann. 16-11-0102: In all such
actions where the plaintiff
has obtained judgment, he may sue out a writ of
garnishment setting forth
the judgment and shall proceed in the manner directed
for the enforcement
and collection thereof. The plaintiffs in all cases of
garnishment may
also have an attachment against the property of the
garnishee, who is made
a defendant thereto, by stating in his affidavit one or
more of the
grounds for attachment and the amount for which the
garnishee is indebted
to the principal debtor, and by executing bond to the
garnishee.

Arkansas Civil Code Ann. 16-11-0111: The order of
attachment shall be
executed by the Sheriff or other officer without delay
by delivering a
copy of the order, with a notice specifying the debt
attached, to the
person owing it. The Sheriff shall deliver copies to
and summon such
persons as garnishees as the plaintiff may direct. It
shall be the duty of
every person to whom the Sheriff shall apply therefor,
to furnish him with
the amount of the debt owing to the defendant, whether
due or not. A
failure to perform his duty may be punished by the
court as contempt.

Arkansas Civil Code Ann. 16-11-0113: The Sheriff shall
not, in executing an
order of attachment upon personal property held by the
defendant jointly
or in common with another person, take possession of
the property until
there has been executed a bond to the other person, by
one or more
sufficient sureties of the plaintiff, to the effect
that he will pay to
the person the damages he may sustain by the wrongful
suing out of the
order.

Arkansas Civil Code Ann. 16-11-0127: Each garnishee
summoned shall appear.
The appearance may be in person or by affidavit of the
garnishee filed in
court disclosing truly the amount owing by him to the
defendant, whether
due or not, at or after the service of the order of
attachment. Where a
garnishee appears in person, he may be examined on
oath. If it is
discovered on the examination that, at or after the
service of the order
of attachment upon him, he was indebted to the
defendant, the court may
order the payment or security for the payment of the
amount owing by the
garnishee, into the court, or to such person as it may
direct. That person
shall give bond, with security for the amount owing, or
the court may
permit the garnishee to retain the amount owing, upon
the execution of a
bond with one or more sufficient sureties, to the
effect that the amount
shall be paid or the property shall be forthcoming, as
the court may
direct. The court may, on motion of the plaintiff,
compel the appearance
in person, and examination, of any garnishee by
process, as in cases of
contempt. Where a garnishee makes a default by not
appearing, the court
may hear proof of any debt owing by him to the
defendant and make such
order in relation thereto, as if what is so proved had
appeared on the
examination of the garnishee.

Arkansas Civil Code Ann. 16-11-0129: The garnishee may
pay the money owing
to the defendant by him to the Sheriff having in his
hands the order of
attachment or into the court. The garnishee shall not
be subjected to
costs beyond those caused by his resistance of the
claim against him. In
fact, if he discloses the true amount owing by him and
pays the amount
owing according to the order of the court, he shall be
allowed his costs.

Arkansas Civil Code Ann. 16-11-0133: Upon the service
of a summons upon any
garnishee or after his failure to make a disclosure
satisfactorily to the
plaintiff, the latter may proceed in an action against
him by filing a
complaint verified as in other cases and causing a
summons to be issued
upon it. Thereupon, the proceeding may be had as in
other actions and
judgment may be rendered in favor of the plaintiff to
subject the property
of the defendant into the hands of the garnishee, or
for what shall appear
to be owing to the defendant by the garnishee. The
judgment may be
enforced by execution or other proper means.

Arkansas Civil Code Ann. 16-65-114: Interest Rate at
which Judgments Accrue
Interest on any judgment entered by any court or
magistrate on any
contract shall bear interest at the rate provided by
the contract or ten
percent per annum, whichever is greater, and on any
other judgment at ten
percent per annum, but not more than the maximum rate
permitted by law

Arkansas judgment domestication laws

Arkansas Civil Code Ann. 16-66-601:
In this subchapter, "foreign judgment" means any
judgment,
decree, or order of a court of the United States or of
any other court
which is entitled to full faith and credit in this
state.

A copy of any foreign judgment authenticated in
accordance with the act of
Congress or the statutes of this state may be filed in
the office of the
clerk of any court of this state having jurisdiction of
such an action.
The clerk shall treat the foreign judgment in the same
manner as a
judgment of a court in this state. A judgment so filed
has the same
effect and is subject to the same procedures, defenses,
and proceedings
for reopening, vacating, or staying as a judgment of a
court of this state
and may be enforced or satisfied in like manner.

Arkansas Civil Code Ann. 16-66-603:
Notice of filing.

(a) At the time of the filing of the foreign
judgment, the judgment
creditor or his lawyer shall make and file with the
clerk of court an
affidavit setting forth the name and last known post
office address of
the judgment debtor, and the judgment creditor.

(b) Promptly upon the filing of the foreign
judgment and the
affidavit, the clerk shall mail notice of the filing of
the foreign
judgment to the judgment debtor at the address given
and shall make a
note of the mailing in the docket. The notice shall
include the name
and post office address of the judgment creditor and
the judgment
creditor's lawyer, if any, in this state. In addition,
the judgment
creditor may mail a notice of the filing of the
judgment to the
judgment debtor and may file proof of mailing with the
clerk. Lack of
mailing notice of filing by the clerk shall not affect
the enforcement
proceedings if proof of mailing by the judgment
creditor has been
filed.

(c) No execution or other process for enforcement
of a foreign
judgment filed hereunder shall issue until ten (10)
days after the
date the judgment is filed.

Arkansas Civil Code Ann. 16-66-604:
Stay.

(a) If the judgment debtor shows the court that an
appeal from the
foreign judgment is pending or will be taken, or that a
stay of
execution has been granted, the court shall stay
enforcement of the
foreign judgment until the appeal is concluded, the
time for appeal
expires, or the stay of execution expires or is
vacated, upon proof
that the judgment debtor has furnished the security for
the
satisfaction of the judgment required by the state in
which it was
rendered.

(b) If the judgment debtor shows the court any
ground upon which
enforcement of a judgment of a court of this state
would be stayed,
the court shall stay enforcement of the foreign
judgment for an
appropriate period, upon requiring the same security
for satisfaction
of the judgment which is required in this state.

Arkansas Civil Code Ann. 16-66-605:
Fees.

Any person filing a foreign judgment shall pay to the
clerk of court the
same filing fee that would be paid for the filing of a
civil action. Fees
for docketing, transcription, or other enforcement
proceedings shall be as
provided in other civil proceedings in the courts of
this state.

Arkansas Civil Code Ann. 16-66-606:
Optional procedure.

The right of a judgment creditor to bring an action to
enforce his
judgment instead of proceeding under this subchapter
remains unimpaired.

Arkansas Civil Code Ann. 16-66-606: Uniformity of
interpretation.
This subchapter shall be so interpreted and
construed as to effectuate its
general purpose to make uniform the law of
those states which enact it.

Arkansas Civil Code Ann. 16-66-606:
Short title.
This subchapter may be cited as the "Uniform
Enforcement of Foreign
Judgments Act".

If you need to find a judgment collection attorney in
Arkansas, contact a
judgment broker, or visit the Arkansas Bar web site at:
www.Arkansasbar.org.